Prof. Good Allowed to Stay in Botswana Until Deportation Case is Discussed
Professor Kenneth Good, an Australian citizen facing deportation in Botswana, has been allowed to remain in the country until the final determination of his case, which commences on 7 March 2005. Please find below the Statement issued by the Attorney General’s Chambers on the matter on 28 February 2005.
On Saturday the 19th of February 2005 an Australian national by the name of Kenneth Good sought and obtained from the High Court of Botswana an interim order to the effect, that pending the final determination of his application challenging the constitutionality of the Presidential decree declaring him a Prohibited Immigrant in terms of Section 7 (f) of the Immigration Act, he shall be permitted to remain in Botswana on the same terms and conditions as before.
The Court then set 7th March 2005 as the return date on which the Court shall hear the details of his application as well as the views of Government.
Upon becoming aware of the existence of the said Court order, lawyers for Government acted expeditiously and filed papers with the High Court to oppose the interim relief granted to Kenneth Good.
In particular the Government lawyers challenged the competency of the Courts to grant interim relief on a Presidential Decree under Section 7 (f).
Preliminary points were argued before the Court, and today the Court made a preliminary ruling that Kenneth Good is entitled to be heard before the Courts.
It should be noted that the Court has not yet heard, much less ruled on the validity of Kenneth Good’s claim.
In this context it would, therefore, be misleading to suggest that the Court has made any findings either in his favour or against Government.
Instead, as matters stand, Kenneth Good has been ordered by the Court to institute his claim within one week of either:
i) the expiry of the statutory notice that he has given, or
ii) waiver by the Attorney General of such notice.
The Attorney General has already granted Kenneth Good such a waiver.
In the above context, Kenneth Good effectively has to lodge his claim by Monday the 7th of March 2005’.
Alert - Botswana
|Date:||01 March 2005|
|Affected Persons:||Kenneth Good|
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